The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008

Modification of the Jobseeker's Allowance Regulations E+W+S

6.  Schedule 2 (housing costs) to the Jobseeker's Allowance Regulations applies in relation to a person to whom this Part applies as if—

(a) after paragraph 4 (housing costs not met) M1 there were inserted—

“Housing costs: limitation applicable to qualifying loans

4A.— (1) Subject to sub-paragraphs (2) and (3), no amount may be met in respect of housing costs under paragraph 14 or 15 where the claimant has been in receipt of housing costs under either or both of those paragraphs for a total of 104 weeks.

(2) No week in which the appropriate amount specified in paragraph 10(4) is £100,000 in relation to that claimant is to count towards the 104 week total.

(3) Sub-paragraph (1) does not apply where—

(a) the claimant or his F1 ... partner or, if the claimant is a member of a joint-claim couple, the other member of the couple, was previously entitled to income support or employment and support allowance; and

(b) 12 weeks or less has elapsed since the last day of that entitlement and the first day of entitlement to a jobseeker's allowance.

[F2 (4) In determining whether the exemption provided for in sub-paragraph (3) applies, where the claimant or his partner or, if the claimant is a member of a joint-claim couple, the other member of the couple was in receipt of a jobseeker’s allowance immediately before becoming entitled to income support by virtue of regulation 6(6) of the Income Support Regulations, no account shall be taken of entitlement arising by virtue of that regulation.”].

(b) [F3 in paragraph 6(1) (existing housing costs) the reference to “26” were to “13” in each place it appears;]

(c) [F3 in paragraph 7(1) (new housing costs) the reference to “39” were to “13”;]

(d) in paragraph 10(4) (general provisions applying to new and existing housing costs) M2 the reference to “£100,000” were to “£200,000”;

(e) [F3 in paragraph 13(11) (linking rule)—

(i) in head (a) the reference to “26” were to “13”;

(ii) in head (b) the reference to “39” were to “13”.]

Textual Amendments

F1 Words in reg. 6(a) omitted (5.1.2010) by virtue of Social Security (Housing Costs Special Arrangements) (Amendment) Regulations 2009 (S.I. 2009/3257), regs. 1(1), 3

F2 Words in reg. 6(a) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 26(2)

F3 Instrument revoked in part (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), reg. 7 (with reg. 8)

Marginal Citations

M1 Paragraph 4 was amended by S.Is. 1996/1517, 1996/2538, 1997/2863, 2000/1978, 2005/2687, 2007/3183 and 2008/698.

M2 Paragraph 10 was amended by S.I. 1996/1516 .